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Insurer Doesn't Want to Cover Marijuana Candy Related Murder Product Liability

By George Khoury, Esq. on May 11, 2017 | Last updated on March 21, 2019

A current Colorado civil wrongful death case involving extra potent marijuana candy has been attracting national attention since 2014. The incident involved a Colorado man who had eaten a physically small amount of very potent marijuana candy, started hallucinating, then shot and killed his wife. In the criminal case, the defense attempted to claim temporary insanity caused by the pot candy. However, the defendant was sentenced to 30 years for the murder.

In the civil wrongful death case, it is alleged that the marijuana candy played a part in the murder. The children have made legal claims against the pot candy maker, and have reportedly settled claims with the store where it was purchased. However, for the candy maker, things have taken a turn for the worse, as their insurance carrier has filed in federal court seeking to be relieved from providing coverage.

Marijuana Product Liability Claims

With the increase in legal marijuana throughout the country, whether for medicinal or recreational purpose, the number of product liability claims related to marijuana products is expected to be a common issue. In fact, there are many new insurance companies that are specializing in providing insurance that covers the potential liabilities specific to the emerging industry.

Like any foodstuff, marijuana edibles that cause a person to get sick can be the basis of a product liability lawsuit. Additionally, because of the stringent regulations that have been passed regarding the labeling of foodstuffs, and specifically marijuana products, in many states, if a product is not properly labeled, that too could form the basis of a product liability lawsuit, especially if someone is injured due to an undisclosed allergen, or from ingesting too much marijuana due to inaccurate labeling.

Can I Really Sue a Marijuana Business in Court?

In states where marijuana is legal, you can sue a marijuana business for their legal wrongs such as selling marijuana edibles that cause injury. Additionally, as mentioned above, not only are the product manufacturers potentially liable, but the product sellers could also be liable.

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